CalChamber is featuring three new 2019 laws in its latest version of Capitol News Report. The video provides details about expansion of sexual harassment prevention training requirements and the need to provide lactation accommodations in the workplace as well as providing information about a mandate requiring that women be placed on corporate boards.
Sexual Harassment Training
In the video, CalChamber Executive Vice President and General Counsel Erika Frank discusses new sexual harassment prevention training requirements that will impact virtually every business in the state and all their employees and supervisors.
Current law requires employers with 50 or more employees to provide supervisors with two hours of sexual harassment prevention training. Under SB 1343, by January 1, 2020, all employers with five or more employees will be required to provide two hours of sexual harassment prevention training to supervisors and one hour to non-supervisorial employees and within six months of hire or promotion, and every two years after that.
“Employers can satisfy this training in a number of ways,” Frank says. “They can offer live training or they can do computer-based training, which CalChamber offers.”
Beginning January 1, 2020, temporary and seasonal employees will be required to be trained within 30 days of hire or 100 hours worked, whichever is earlier.
Gender Representation on Boards of Directors
The video also features information on a highly controversial law mandating female representation on corporate boards.
Jennifer Barrera, CalChamber Senior Vice President of Policy, explains that publicly held corporations with principal executive offices in California will now be required to place at least one female director on its board by December 31, 2019. Depending on the board’s size, up to three female members may be required by the end of 2021. Significant financial penalties apply if a company fails to achieve the required number of female directors.
When signing SB 826 (Chapter 954, Statutes of 2018) into law, Governor Edmund G. Brown Jr. acknowledged it could face significant legal challenges.
“Some company who’s impacted by the law could file a legal claim suggesting that it’s unconstitutional for a company to retain a member on their board of directors solely based upon on their gender,” Barrera explains. “However, until that legal action happens, it is the law in California.”
Another new law requires all employers to provide lactation accommodations for employees. Before the new law, a bathroom was a permissible lactation accommodation space per California law. As of January 1, 2019, an employer must provide a reasonable lactation space other than a bathroom. The employer may be able to utilize a temporary space, so long as it meets the specifications of the new mandate.
CalChamber Policy Advocate Laura Curtis explains that the requirement “is really going to impact employers with 50 or less employees because they haven’t previously had to provide a lactation accommodation space other than a toilet stall.”
CalChamber worked diligently with the office of the author, Assemblymember Monique Limón (D-Goleta), to try to develop the most workable approach.
Full List of New Employment Laws
An Overview of New 2019 Laws Affecting California Employers is now available for nonmembers to download (member download here). CalChamber members also have access to a full discussion of the new laws on HRCalifornia.
Braveheart Brewing LLC is craft beer wholesale distributor and brand owner of their new line of central OR brewed beers that not only taste good but does good.
Veteran owned and veteran brewed, Braveheart developed it’s brand in association with four national military – veteran nonprofit organizations. The brand line up consists of a POW-MIA Pilsner supporting the POW-MIA Families Foundation; a Frogman Imperial Red supporting the Seal Family Foundation, an Intrepid Hero IPA supporting the Intrepid Fallen Heroes Fund and a Semper Fi American Wheat Ale supporting the O3XX Foundation.
Braveheart goal is to raise awareness of these wonderful organizations and support them with proceeds from the sales of the Braveheart line up.
Braveheart introduced its line in Bend/Redmond OR this year and the reception was better than expected. They are currently in talks with OR distributors who see how important the message and support Braveheart is providing to its non-profit associates and want to be a part of what may be the beginning of a national brand that benefits non-profits organization 24/7 through the enjoyment of craft beer. Their goal for CA is to develop interest in their brand and find a quality wholesale distributor to partner with to facilitate Braveheart’s expansion. From CA Braveheart plans are to continue it’s expansion throughout the US.
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently issued a Notice of Administrative Determination of Preemption finding, stating that the Federal Hazardous Material Transportation Law and the Hazardous Materials Regulations preempt California meal and rest break laws for all hazardous materials motor vehicle drivers.
As California employers know, employees in California are entitled to a 30-minute off-duty meal break for shifts greater than five hours, and a second 30-minute meal break for shifts over 10 hours. In addition, employees are entitled to a 10-minute off-duty rest break for every four hours worked or major fraction thereof.
The PHMSA concluded that California’s meal and rest break requirements conflict with the federal laws governing drivers transporting hazardous materials.
The PHMSA made the following rulings:
Employers subject to the Federal Hazardous Material Transportation Law and the Hazardous Materials Regulations should monitor the status of this determination and any potential requests for judicial review, as well as consult legal counsel with questions about compliance.
CalChamber members can view more information on California’s Meal and Rest Break Requirements in the HR Library. Not a member? See how CalChamber can help you.
Economic Development Collaborative Opens Post-Fire Business Recovery Center to Serve LA and Ventura Counties
The Economic Development Collaborative, as host of the Small Business Development Center (SBDC), will open a Small Business Administration Business Recovery Center at its offices in Camarillo. The center will provide a wide range of free services, from specialized consulting to disaster loans, to businesses impacted by the region’s wildfires.
Located at 4001 Mission Oaks Blvd., Suite B, in Camarillo, the Center will operate Monday through Saturday from 9 a.m. to 6 p.m. No appointment is needed, and all services are free of charge. The Center will be closed on Thanksgiving, Nov. 22.
The office will serve all areas affected by recent wildfires, from Malibu and Westlake Village to Simi Valley and the San Fernando Valley. “We’re grateful that our collaboration with the LA SBDC network enabled us to get up and running quickly because the property damage, job and income loss, and other economic hardship hits hard, fast and with deep impacts throughout the community,” said Ray Bowman, director of the SBDC hosted by the EDC.
As a one-stop help center, business owners and managers can receive specialized one-on-one services to help them re-establish their operations and overcome the effects of the disaster. They also can learn how to apply for an SBA disaster loan, which can help finance their recovery. “Services include assessing business working capital needs, evaluating the business’s strength, cash flow projections, loan application assistance and counseling on the options and best course of action to move forward,” said Bowman.
Businesses of any size and private, nonprofit organizations may borrow up to $2 million to repair or replace damaged or destroyed real estate, machinery and equipment, inventory and other business assets not covered or fully covered by insurance, Bowman said. In addition, there are other specialized loans available for small businesses and nonprofits that did not have property damage but suffered economic injury due to the fires.
Business owners who are unable to visit the Business Recovery Center in Camarillo may apply online using the SBA’s secure website at https://disasterloan.sba.gov/ela.
For more information on the EDC’s Business Recovery Center and its services, visit https://edcollaborative.com/business-disaster-recovery-resources/.
EDC is a private, nonprofit organization that serves as a business-to-government liaison to assist businesses in Ventura, Santa Barbara and Los Angeles counties by offering programs that enhance the economic vitality of the region. For more information about the Small Business Development Center, loan programs, manufacturing outreach and international trade programs, or other services available to small businesses through EDC, contact Bruce Stenslie at 805-384-1800 ext. 24 or firstname.lastname@example.org. Or visit www.edcollaborative.com.
John Drew has been involved in international banking for over 40 years, with the last 26 years focused on foreign exchange and interest risk management, as well as advising on appropriate capital structure for multinational businesses.
For much of the last 10-years, John has been out in the Western United States advising corporate and commercial businesses while working for HSBC Bank.
In 2017 John spent the year back in his UK homeland advising businesses on their markets related risk management strategies and banking structures, before returning to the Western United States earlier this year to work with Umpqua Bank to support their deeper evolution into providing risk management services for their internationally facing clients.
Please join us on December 13 at the Knowledge & Networking Lunch at Residence Inn, 2101 W. Vineyard Avenue. Check-in and networking begin at 11:30. Lunch is at noon with the program to follow.
Advance reservations are required and are discounted for Chamber members if made by December 10.